APPOINTMENTS. Executor. (testator) deceased, HAVE nominated, constituted and appointed, and by these presents, under my hand and seal, as attested by the two persons whose names are, or are intended to be hereupon indorsed in witness thereof, Do nominate, constitute and appoint (new executor) of, &c. to be an executor of the said in part recited will of the said (testator) deceased, in the room, stead and place of the said (deceased executor) deceased, to act in and execute the same, and the trusts and directions thereof, so far as the same or any of them may still remain unperformed, in conjunction with me the said (surviving executor), in all matters and things whatsoever, in like manner as if he the said (deceased executor) had been nominated and appointed co-executor with me in or by the said will. AND I do hereby accordingly, in further pursuance of the power and authority in me vested as aforesaid, give and delegate unto him the said (new executor), as far as I lawfully can or may, all and every the necessary, sufficient, and legal powers and authorities requisite for the said purposes, and every or any of them, and all benefits, privileges, and advantages incident thereunto (1). IN WITNESS, &c. Executors. Trustees. (1) If any part of the effects of the testator be expressly given to the executors for particular purposes, they will with respect to such property be trustees, and there must be added an assignment to the newly ap pointed executor jointly with the survivor, in the form given hereafter. See post. No. CVII. p. 350. CVIII. p. 362. No. XCVIII. *An Appointment of a Gamekeeper for the Preservation of Game, &c. Variations where for the preservation of Fish. TO ALL TO WHOM THESE PRESENTS SHALL COME, I (lord of the manor) (1), of, &c. Lord of the manor of , in the county of , , in the county of SEND GREETING. KNOW YE, that I the said (lord) do hereby nominate, appoint, and depute (gamekeeper) (2) of, &c., to be gamekeeper during my pleasure, of, in, and to my said manor of, &c. and all the royalties, rights, members, and appurtenances thereunto belonging, and for my use to keep and preserve the game from time to time, or the time being, in or upon my said manor, or any part thereof [and also keepers and preservers of the rivers, ponds and fisheries within the said manor], and to kill them for my use, under my orders and directions. AND I do hereby give and grant unto him the said (gamekeeper) as aforesaid, as such my gamekeeper, full power and authority to take, seize, detain and keep (3) guns, bows, dogs, ferrets, tram APPOINTMENTS. Gamekeeper. (1) Lords of manors are empowered by 5 An. c. 14, and 48 Geo. 48 Geo. 3. c. 93. III. c. 93. to appoint gamekeepers to preserve or kill game within the manor, but in order to authorise the gamekeepers to seize engines, &c. for the destruction of game, the lord must be of the degree of an Esquire or upwards. See post. n. (S). (2) The person to be appointed gamekeeper may be any person whomsoever and is not required to be qualified to kill game under the Game Laws. See 48 Geo. III. c. 93. a (3) In order to give a gamekeeper authority to seize engines, &c., the lord must be of the degree or rank of a legal Esquire: viz. the son of Peer or Lord of Parliament; the eldest son of the younger son of a Peer, or his eldest son; the eldest son of a Baronet; the eldest son of a Knight, or his eldest son; an Esquire expressly so created by the King's letters patent, or his eldest son; a Barrister at Law; a Justice of the Peace of a county, whilst in commission; Sheriff of a county; a Captain in the army or navy;-but the lord, without being an Esquire, may appoint a gamekeeper to kill or to preserve the game for his use. See 22 and 23 Car. II. c. 25.; and 1 Black. Com. 406. Who may appoint gamekeeper. APPOINTMENTS. mels, low bells, hayes, nets, hare pipes, snares, wires, or other Gamekeeper. engines or implements whatsoever, found in or upon the said manor for the taking or destroying of hares, pheasants, partridges or other game, contrary to the laws of this realm. [And also to seize, detain and keep for my use, all nets, (1) angles, oziers, leaps and piches, found in or upon my said manors, rivers, ponds, and fisheries, or any of them, or any part of the same.] AND further I do hereby give and grant unto him the said (gamekeeper) full power and authority to do all and every other act and acts, thing and things, which I lawfully can or may authorize or empower him the said (gamekeeper), necessary for the preservation of the game within the said manor, and for the discovery and conviction of offenders in the destruction and pursuit thereof, against the laws of this realm. IN WITNESS, &c. Signed, sealed, &c. (2) Fish. Seal. (1) Although the gamekeepers of lords of manors cannot seize engines, &c. for the destruction of game, unless the lord be of the degree of an Esquire (see ante, p. 307, n. (3)), yet by 4 William and Mary, c. 23. the owners or occupiers of fisheries of whatsoever degree, or their appointees are empowered to seize nets, &c. used for the taking of fish. (2) The appointment of a gamekeeper, under 22 and 23 Car. II. c. 25. with authority to seize engines must be under the hand and seal of the lord; but if appointed under 48 Geo. III. c. 93. with authority only to preserve or kill game, it is apprehended it need not be under seal. *This appointment must be registered with the Clerk of the Peace of the county or place in which the manor lies. 25 Geo. III. c. 50. No. XCIX. An Appointment of a Guardian by an Infant (1). APPOINTMENTS. Guardian. years and KNOW ALL MEN BY THESE PRESENTS (2), that I (the ward), of, &c., to be my guardian and the curator of my person and property until I a The (1) By the common law an infant destitute of any lawful guardian, may at any age appoint such person as he may think proper to be guardian of his person and estate, except that until the age of 14 the guardianship of such of his lands as he takes by descent (not being copyholds) devolves on the next of kin to whom such lands cannot descend, who is called his guardian in soccage, or by the common law. appointment of a guardian by an infant can therefore only be after that age, or if before, of lands, or property to which he is entitled otherwise than by descent. See Quadring v. Downs et al., 2 Mod. 176; 1 Blac. Com. 461.; Co. Lit. 88. b. n.(16). But an appointment by an infant will not, however, it seems, preclude an application to the court; Curtis v. Rippon, 4 Madd. 462. Infant may appoint guardian except of de scended lands, at any age. (2) No particular form of the appointment of a guardian seems to be No special form pointed out by the law, but that conceived to be the most proper and requisite. most usually adopted is by writing under the hand and seal of the infant. See Co. Lit. 88. b. n. (16.) APPOINTMENTS. Guardian. Guardian's from the law. cerns, and conduct and welfare in life]. [AND (1) I do hereby authorise and empower the said (guardian) to enter upon and take possession of all and every my messuages, lands, tenements, and hereditaments whatsoever, whether freehold, copyhold, or leasehold, situated, lying, and being in the county of, or elsewhere, in or to which I now have or hereafter may have any estate, right, title, or interest, and to let (2) and demise the same at his discretion, until I shall attain the said age, and to receive and take the rents, issues, and profits thereof as the same shall from time to time become due and payable for my use and benefit, and also to have, receive, take, and possess himself of all and singular my personal estate and effects (3) whatsoever for my use and benefit, and to give acquittances and discharges for all and every the monies and property aforesaid], and to do all and every such other acts, matters and things whatsoever, as shall or may be requisite or expedient relative to me or my estate and property during the term aforesaid, I hereby giving unto him the said (guardian) full powers in and concerning the premises; and I do hereby promise to allow and confirm whatsoever he shall lawfully do or cause to be done therein by virtue hereof. IN WITNESS, &c. (1) The following part of the precedent included within brackets authority derived although found in most forms, appears to be unnecessary, not only because the authority assumed to be given to grant leases, &c., is inherent in the guardian per se; Shoplane v. Roydle, Cro. Ja. 99. 3 Bac. Abr. tit. "Guardian"; but because all the authorities of a guardian are derived from the law, and not from the infant; see ibid. And it is clear that cannot authorise another to do what he is incompetent to do himself. Guardian appointed by infant has the same power as guardian in soccage. May make leases until 21, and ma nage the infant's general con cerns. Authority of guardian extends to every kind of property. (2) A guardian appointed by the infant himself, it should seem, will have the same power over his general property as a guardian in soccage has over lands descended to him, "for both guardians are of the same nature, and have the same office and employment assigned to them by the law without any direction or intervention of the infant himself, they being therefore appointed because the infant, in regard of his minority, is supposed incapable of managing himself and his estate, and consequently they derive their authority not from the infant but from the law;" 3 Bac. Ab. 403. And the authority of such guardian extends to the making of leases to continue until the infant arrive at the age of 21 years; Lit. s. 123, 124; and all such acts relative to the management of the infant's estate as are requisite for his benefit and advantage, Co. Lit. 88, 89; Shopland v. Ryoler, Cro. Jac. 55, 98; but not such as are unnecessary or may be prejudicial to him; Tullit v. Tullit, Amb. 370; Audley v. Audley, 2 Vern. 192, 193. (3) The general opinion appears to be, that the authority of a guardian when appointed extends to every species of property of the infant, as well personal as real. See Co. Lit. 88. b. n. (13); 3 Bac. Ab. (Svo. ed.) 403. |